20000510 TZCA Dar es Salaam
The High Court lacked jurisdiction to grant withdrawal and extension of time for an appeal not properly before it, and the appeal to the Court of Appeal was incompetent for failure to extract the relevant order; both the High Court's orders and the appeal were struck out.
- Citation
- 20000510 TZCA Dar es Salaam
- Parties
- Appellant: Selimani Surahisha; Respondent: Huruka Ramadhani
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 May 2000
- Procedural Posture
- Civil Appeal / Judgment on Appeal From High Court Order
- Outcome
- appeal struck out; High Court orders set aside
- Legal Topics
- Jurisdiction, Appeal Procedure, Extraction of Order, Extension of Time, Revisionary Powers
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Selimani Surahisha
Appellant
Huruka Ramadhani
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Order
Legal Issues
- 1 Whether the High Court had jurisdiction to grant withdrawal and extension of time for an appeal erroneously lodged before it
- 2 Whether failure to extract the relevant order renders the appeal incompetent
Ratio Decidendi
The High Court lacked jurisdiction to grant withdrawal and extension of time for an appeal not properly before it, and the appeal to the Court of Appeal was incompetent for failure to extract the relevant order; both the High Court's orders and the appeal were struck out.
Court Disposition
appeal struck out; High Court orders set aside
Orders
- Appeal struck out for incompetence due to non-extraction of order.
- High Court orders granting withdrawal and extension of time set aside as illegal and made without jurisdiction.
Full Case Text
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